Facts
The Debt Collection Office of Basel-City carried out an attachment against [X.] on November 26, 2004. The income quota exceeding the subsistence minimum in the amount of CHF 2,340.-- per month was attached. At the same time, it was ordered that from March 1, 2005 onwards, only a reduced rent would be taken into account in the essential needs. [X.] filed a complaint against this. The supervisory authority over the Debt Collection and Bankruptcy Office of Basel-City partially upheld the complaint and instructed the Debt Collection Office to take into account the amount of CHF 40.-- for job-related additional expenses and the reduced rent only from April 1, 2005 in the calculation of the subsistence minimum. [X.] has appealed the judgment of the cantonal supervisory authority to the Federal Supreme Court and requested that the contested judgment be set aside and the nullity of the service of the payment order be declared.Considerations
The Federal Supreme Court dismissed the appeal. It stated that according to case law, the service of a payment order during military service is completely irrelevant, i.e. null and void, as the legal standstill during military service is in the interest not only of the person obliged to serve, but also in the public interest, so that…